Bill S1312-2011

Provides for a constitutional amendment directing the legislature to establish a procedure for the creation of Peconic county

Provides for a constitutional amendment directing the legislature to establish a procedure for the creation of Peconic county; provides that Peconic county shall consist of the towns of East Hampton, Riverhead, Shelter Island, Southampton and Southold in the county of Suffolk.

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Memo

BILL NUMBER:S1312

TITLE OF BILL: CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment to article 9 of the constitution, in relation to directing the legislature to enact a procedure for the creation of a new county to be called Peconic county from the towns of East Hampton, Riverhead, Shelter Island, Southampton, and Southold in Suffolk County

PURPOSE: To amend the New York State Constitution to provide procedure for the creation of Peconic county from the towns of East Hampton, Riverhead, Shelter Island, Southampton and Southold in Suffolk County.

SUMMARY OF PROVISIONS: Section 1 provides a resolution that article 9 of the constitution be amended by adding a new section 4. Said section includes a definition of Peconic County as the towns of East Hampton, Riverhead, Shelter Island, Southampton and Southold in Suffolk County and a definition of tax contribution as Peconic County's contribution to Suffolk County based on the amount of property tax and sales tax that Suffolk County receives from Peconic County.

Section 4 of article 9 provides that within twelve months of the adoption of the section, the legislature shall enact a procedure for the creation of Peconic County. This procedure required a petition to be submitted by the electors of the proposed county to the state board of elections. The petition must include at least ten percent of the total votes in the proposed county in the last gubernatorial election. In addition to the petition, the proposed county will not be created until the people of the proposed county reach a majority vote on a referendum.

According to Section 4, all property of Suffolk County located in Peconic County will become property of Peconic County with the approval of the referendum, and a portion of Suffolk County's existing debt will then be paid by Peconic County. This enactment does not require a home rule message from any local government to this article, and the provision of section five of article three relating to population of counties are superseded by this section regarding the creation of Peconic County.

Section 2 provides a resolution that the amendment be referred to the first regular session convening after the next succeeding general election of members of the assembly.

JUSTIFICATION: The Towns of East Hampton, Riverhead, Shelter Island, Southampton and Southold have developed differently than the other areas of Suffolk County regarding land use issues, sources of commerce, tourism, second-home ownership, population growth, land and resource conservation and other elements. Enacting procedure for the creation of Peconic County will therefore ensure that the interests of all areas of Suffolk and Peconic County are represented in county government.

EFFECTIVE DATE: Resolved (if the Assembly and Senate concur) that the foregoing amendment be referred to the first regular session convening after the next succeeding general election of members of the assembly, and, in conformity with section I of article 19 of the constitution, be published for 3 months previous to the time of such election.

Text

STATE OF NEW YORK
________________________________________________________________________
1312
2011-2012 Regular Sessions
IN SENATE
January 6, 2011
___________

Introduced by Sen. LAVALLE -- read twice and ordered printed, and when
printed to be committed to the Committee on Judiciary
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
proposing an amendment to article 9 of the constitution, in relation to
directing the legislature to enact a procedure for the creation of a
new county to be called Peconic county from the towns of East Hampton,
Riverhead, Shelter Island, Southampton, and Southold in Suffolk County
Section 1. Resolved (if the Assembly concur), That article 9 of the
constitution be amended by adding a new section 4 to read as follows:
S 4. LEGISLATURE DIRECTED TO ESTABLISH PROCEDURE FOR THE CREATION OF
PECONIC COUNTY. (A) WHENEVER USED IN THIS SECTION, THE FOLLOWING TERMS
SHALL MEAN OR INCLUDE:
(1) "PECONIC COUNTY." THE TOWNS OF EAST HAMPTON, RIVERHEAD, SHELTER
ISLAND, SOUTHAMPTON, AND SOUTHOLD IN THE COUNTY OF SUFFOLK.
(2) "TAX CONTRIBUTION." THE CONTRIBUTION OF PECONIC COUNTY TO THE
GENERAL FUND OF SUFFOLK COUNTY BASED UPON ITS CONTRIBUTION OF SALES AND
USE TAX AND THE REAL PROPERTY TAX.
(B) NOTWITHSTANDING ANY PROVISION OF THIS CONSTITUTION TO THE CONTRA-
RY, THE LEGISLATURE SHALL ENACT A PROCEDURE FOR THE CREATION OF PECONIC
COUNTY AS PROVIDED FOR BY THIS SECTION WITHIN TWELVE MONTHS OF THE
ADOPTION OF THIS SECTION.
(C) SUCH ENACTMENT SHALL PROVIDE FOR THE FOLLOWING:
(1) THE INITIATION OF THE CREATION OF PECONIC COUNTY BY A PETITION
SUBMITTED BY THE ELECTORS OF THE PROPOSED PECONIC COUNTY TO THE STATE
BOARD OF ELECTIONS IN A NUMBER EQUAL TO AT LEAST TEN PERCENT OF THE
TOTAL VOTE CAST FOR GOVERNOR IN THE TERRITORY PROPOSED TO BE PECONIC
COUNTY IN THE LAST GUBERNATORIAL ELECTION.
(2) PECONIC COUNTY SHALL NOT BE CREATED UNTIL THE PEOPLE OF THE
PROPOSED PECONIC COUNTY SHALL HAVE CONSENTED THERETO BY A MAJORITY VOTE
ON A REFERENDUM.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD89045-01-1
S. 1312 2
(D) ALL PERSONAL AND REAL PROPERTY OF SUFFOLK COUNTY LOCATED IN PECON-
IC COUNTY AS OF THE APPROVAL OF THE REFERENDUM SHALL BECOME THE PROPERTY
OF PECONIC COUNTY.
(E) ALL EXISTING DEBT OF SUFFOLK COUNTY SHALL BE A CHARGE UPON AND
SHALL BE PAID BY SUFFOLK COUNTY AND PECONIC COUNTY AS THE SAME SHALL
BECOME DUE AND PAYABLE, IN THE SAME PROPORTION TO THE WHOLE OF SUCH DEBT
AS EACH COUNTY'S TAX CONTRIBUTION.
(F) NOTHING IN SUCH ENACTMENT BY THE LEGISLATURE SHALL PRECLUDE THE
AFFECTED COUNTIES FROM PROVIDING FOR AN AGREEMENT RELATING TO THE DISPO-
SITION OF THE PROPERTY AND THE ASSUMPTION OF DEBT IN A MANNER DIFFERENT
THAN PROVIDED BY THIS SECTION.
(G) THE ENACTMENT OF THE LEGISLATURE REQUIRED BY THIS SECTION IS HERE-
BY DETERMINED TO BE A MATTER OF GENERAL STATE CONCERN, AND SHALL NOT
REQUIRE THE ADOPTION OF A HOME RULE MESSAGE FROM ANY LOCAL GOVERNMENT
PURSUANT TO THIS ARTICLE.
(H) THE PROVISIONS OF SECTION FIVE OF ARTICLE THREE OF THIS CONSTITU-
TION RELATING TO THE POPULATION OF COUNTIES ARE HEREBY SUPERSEDED BY
THIS SECTION IN RELATION TO THE CREATION OF PECONIC COUNTY.
S 2. Resolved (if the Assembly concur), That the foregoing amendment
be referred to the first regular legislative session convening after the
next succeeding general election of members of the assembly, and, in
conformity with section 1 of article 19 of the constitution, be
published for 3 months previous to the time of such election.

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